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On The Attempted Pattern Of Crime Of Amount

Posted on:2009-01-17Degree:MasterType:Thesis
Country:ChinaCandidate:C LiFull Text:PDF
GTID:2166360245466223Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of amount means the amount or quantity, led by the certain criminal act or result, reaches extents of criminal pattern which deserved punishments by state. It is one kind of universal crime type in our country criminal law, which mainly concentrates on the Crime of Disrupting the managerial Order of Companies and Enterprises, the Crime of Servicemen' s Transgression of duties, the Crime of Embezzlement and Bribery, and the Crime of Disrupting the Order of Socialist Market Economy.The amount principal components of crime of amount are separable; therefore there is something, special to crime of amount in terms of an attempted conduct. At present, the attempted pattern of crime of amount have not been carried on the system but the thorough research in the criminal researching field of our country. According to involves this question which have studied, the amount violates whether has the attempted crime as well as the accomplished Crime, and the attempted discrimination standard, is the existence different understanding. But, the theoretically argument often is centers on certain concrete crimes to launch, even if is rare as soon as sees violates about the amount accomplished Crime also often is take to minority even individually belongs to the crime discussion with the attempted theory conclusion which crimes of amount as the basic point, in addition violates the concept to the amount the understanding also to have very many differences, thus very difficultly violates to the amount accomplished Crime makes the concise quality with the attempted different position to explain, but only can from violate already in the attempted question discussion about certain amounts to have a limited view of the theoretically different position. The attempted pattern which about the amount mainly should solve three problems, namely: The amount violates whether has the attempted shape? What situation if has attempted pattern that it to remain after deduction in the attempted pattern? What does the crime of amount of attempted pattern the tenable standard is? The author thought the crime of amount in the form conforms to the constitution characteristic which the result violates, but sometimes it has the characteristic which the behavior violates, therefore has the attempted pattern in, it only exists to the behavior amount violates.The Crime of Theft, Crimes of Producing and Marketing fake or substandard commodities and the Crime of Insurance Fraud these three kinds of common crimes of amount, whose attempted patterns have become the focal point which the theory and the practice competes to argue. Regardless of the amount offense only existing the behavior amount, or looking from our country present judicial interpretation, these three all have attempted patterns, only is the judicature staff when they punish the attempted should carry on concretely to a document, individually melts the judgments, synthetically considered the inculpation of amount violates' attempted patterns.
Keywords/Search Tags:crime of amount, attempted pattern, attempt of theft, attempt of producing and marketing fake or substandard commodities, attempt of insurance fraud
PDF Full Text Request
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